Property Offences Flashcards
Pitan v hehl
a man’s friend went to prion so he sold his furniture to others – appropriation by selling
Morris
switched price labels in supermarket but didn’t go through checkout when arrested. Appropriation by assuming the rights of the owner to determine the price of the products
Lawrence
an Italian student held out his wallet for a taxi driver to take out 50p instead he took £6. Appropriation despite the consent given as it was only for 50p
Gomez
persuades his manger to take dodgy cheques on return for the shop’s goods. Appropriation as the right of the manger to sell goods and obtain the correct price had been took away
Hinks
d befriended a naive mab with a low IQ he withdrew £60,000 and deposited the money into D’s account. Held appropriation can be a gift
Atakpu v abrhams
d stole vehicles from abroad and were stopped at dover. The theft was abroad s other thief’s could not appropriate again in England
Kelly and Lindsay
Kelly made casts of body parts from the collage of surgeon. Held parts of a corpse are property if they are used for exhibition or training purposes
Oxford v Miss
saw a copy of an exam paper and used the information to cheat on his test. Held the confidential information was not property
Turner
took his car to a repair shop when he got there, he saw it was unlocked so he drives away without paying for the repairs. Held he was liable for theft on his own car because it was in possetion and control of the garage
Woodman
took scrap metal from a site he was unaware he had. Held that person has possetion and control of property on his land even if they didn’t know it existed
R v basilsdons magistrates court
he bags taken in the bins outside Oxfam were in Oxfam’s property at the time of appropriation. The bags taken from outside BHF still belonged to the donor until BHF took possetion
Webster
send out a duplicate medal, his assistant and sold it. The medals office retained a property interest in the medal and was entitled to call for th return of the medal
Davidge v Burnett
received cheques from flatmates to pay the bills, instead she spent the money on Christmas shopping. The cheques had given for the payment of the gas bill= theft
Attorney generals reference
police woman received an overpayment on her wadges. The money still belonged to the employer, and she was under legal obligation to return the money
Gilks
placed a bet on a horse that he didn’t win. The manager believed that he won so payed £106 which he accepted knowing the mistake, the money belonged to the betting shop
Holden
took old tyres homes from from kwickfit who charged him. It was the defendant’s belief alone that counts not what he was actually permitted of forbidden from doing
Small
car parked for 2 weeks and was broke D thought it was abandoned so took it. Held a belief unreasonably held could be an honest belief
Getting casinos
D was cheating and won 7 million he subjecively said he wasn’t dishonest took away the subjective test
R v Barton
owned a care home for the elderly and charged with high amounts for items (defrauded them) held objectively he was dishonest but subjectively he said he wasn’t so removed the subjective test
Velumyl
borrowed money from a safe at work on friday and put it back on Monday. D’s intention to pay the money with different notes and did not give him the defence
DPP v lavender
taken doors from a council house to another, it was due to be demolished. Held he had the intention to permanently deprive
Lloyd
took film from the cinema and took it home to copy t then took it back. Held it wasn’t theft because he didn’t permanently deprive
Easom
police planted a bag and D rummaged through the bag but didn’t take anything. Held could not have conditional intent for theft
Robinson
D was owed £7 by a woman- he got in a fight with her husband, five pounds fell out of his pocket so he took it. Failed MR because he through h was entitled to the money
